INVESTIGATIONS
General:
a) Determining the important facts and preserving them in useful form is the first
step in any investigation. In order to preserve any evidence, the commander must act
promptly to determine the facts surrounding an incident. In determining the type of
investigation that will be conducted, the commander should consider the nature,
seriousness and complexity of the incident to be investigated.
When a commander receives information that a member of the command is
accused or suspected of committing a criminal offense, he has a range of options. He
can conduct a preliminary investigation in accordance with Rule for Courts-Martial
(R.C.M.) 303, or request that law enforcement personnel conduct the investigation. An
R.C.M. 303 investigation may be informal. The commander should examine the charges
and any investigative report or summary of expected evidence.
An informal investigation is more suited to those instances where the allegations, if
proven true, would lead to the imposition of non-judicial punishment (e.g., Art. 15, UCMJ).
If the matter is complex and relates to serious misconduct (triable by General Court-
Martial, with an authorized sentence in excess of one year confinement), then a more
formal and extensive investigation by law enforcement personnel should be considered. If
the allegations when proven true, would more likely lead to the initiation of administrative
separation proceedings, the commander should consider the appointment of an
investigating officer under the provisions of Army Regulation 15-6.
Matters that would more likely lead to the imposition of non-punitive measures may
not require an investigation pursuant to AR 15-6. Following is an excerpt from AR 27-10,
which may prove helpful in determining the type investigation warranted under specific
circumstances:
Non-judicial punishment is imposed to correct misconduct in violation of the UCMJ. Such
conduct may result from intentional disregard or failure to comply with prescribed standards
of military conduct. Non-punitive measures usually deal with misconduct resulting from
simple neglect, forgetfulness, laziness, inattention to instructions, sloppy habits, immaturity,
difficulty in adjusting to disciplined military life, and similar deficiencies. These measures are
primarily tools for teaching proper standards of conduct and performance and do not
constitute punishment. Included among non-punitive measures are denial of pass or other
privileges, counseling, administrative reduction in grade, administrative reprimands and
admonitions, extra training (Army Regulation 600–20), bar to reenlistment, and military
occupational specialty (MOS) reclassification. Certain commanders may administratively
reduce enlisted personnel for inefficiency and other reasons. This authority exists apart from
any authority to punish misconduct under Article 15. These two separate and distinct kinds
of authority should not be confused.
AR 27-10, Section 3-3a.
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APPENDIX A
